defendant. The Supreme Court held that a suit for
specific performance simplicitor, in the absence of an explicit prayer for
delivery of possession ... Supreme Court. In that case, the
decree for specific performance simplicitor was passed by the Court. In the
execution of the said decree, the decree
suit for land as the
relief was only for specific performance simplicitor without the relief of
possession and, thus, Section 16 of the said Code ... case (supra) in respect of the suit
for specific performance simplicitor and the suit for possession of the
property were said to be the distinguishing
defendant. The
Supreme Court held that a suit for specific
performance simplicitor, in the absence of an
explicit prayer for delivery of possession ... Supreme Court. In that case,
the decree for specific performance simplicitor
was passed by the Court. In the execution of the
said decree, the decree
submitted that the claim of the Appellant in the
arbitration simplicitor relates to specific performance of the development
agreement, and any relief ... appearing in Clause XII of the Letters Patent. A suit simplicitor
seeking specific performance of an agreement would be one such instance
which would
time is essence of suit agreement?;
(iii) Whether the suit for specific performance simplicitor is
maintainable without prayer for declaration that termination of suit
agreement ... termination of the suit sale
agreement was bad, a prayer for specific performance simplicitor is not at
all maintainable.
25. In support of the said
Specific Relief Act. Decision categorically holds that a
suit seeking specific performance of an agreement to sell
simplicitor even if it relates to immovable property ... basic plea
of a distinction between a suit for specific performance
simplicitor and a suit where the relief for possession is
also claimed
plaint was couched in following words:
"A decree for specific performance of the agreement for sale recorded in
the document dated February ... that a
suit for specific performance simplicitor without a prayer for delivery of
possession is not a suit for land as Section
Federal Court made a distinction between a suit for specific performance simplicitor and a suit Page 2046 for specific performance along with relief for possession ... suit for specific performance unless a prayer to that effect is specifically made. A suit for specific performance, therefore, is not a "suit
wherein it was held that
the suit for specific performance simplicitor was not maintainable in
the absence of any challenge to the cancellation
contended by the petitioners that they are not claiming
the specific performance of the MOU or possession of the land in
question. It is stated ... case (supra). A distinction between a suit for specific
performance simplicitor and a suit for specific performance
coupled with delivery of possession has been drawn
